10 Massachusetts opinions name it 4 courts 1965–2023 1 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Jenkins v. GEN. ACCIDENT FIRE & LIFE ASSU. CORP., LTD.green2 sentences2013Corp., 349 Mass. 699, 702-03 (1965) (“it is not necessary for the insured to allege that he has paid or will pay a judgment in excess of the policy limits in an action against the insurer for breach of its duly to act in good faith”). 1983Jenkins v. General Accident Fire & Life Assurance Corp., 349 Mass. 699, 702 (1965). | 2 | 2 |
Northern County Mutual Insurance Co. v. Davalosgreen1 sentence2017We are faced with different circumstances here, where OneBeacon has offered to defend Celanese without a reservation of rights and does not deny that the claims against Celanese are covered under OneBeacon's general policies. 12 complete defense under circumstances in which it should have been, (2) when the attorney hired by the carrier acts unethically and, at the insurer's direction, advances the insurer's interests at the expense of the insured's, (3) when the defense would not, under the governing law, satisfy the insurer's duty to defend, and (4) when, though the defense is otherwise prop | 1 | 1 |
Mission Insurance v. United States Fire Insurancegreen1 sentence2015This argument reflects a fundamental misunderstanding of the nature and purpose of “other insurance” clauses that, like the ones involved here, make no reference to the insurers’ defense obli *517 gations. 6 Such clauses are provisions “designed to establish a policy’s relationship with other policies covering a loss." Id. at 495 (emphasis supplied). | 1 | 1 |
DiMarzo v. American Mutual Insurancegreen1 sentence2013Co., 389 Mass. 85 , 95 n.9 (1983) (“insolvency of the insured would not bar an action against the insurer for violating its duty to act in good faith to settle within the policy limits”); Jenkins v. General Accident Fire & Life Assur. | 1 | 1 |
Rubenstein v. Royal Insurance of Americagreen1 sentence2008See Rubenstein v. Royal Insurance Co. of America, 44 Mass.App.Ct. 842, 848 (1998). 2 Liability coverage is designed to indemnify the insured when a claim by another party (including a claim by the Commonwealth) requires the insured to incur costs to reduce the damage tó another person’s property or to compensate the other person for personal injury or damage to his or her property. | 1 | 1 |
Jordan v. Stephensgreen1 sentence1965See Jordan v. Stephens, 7 F.R.D. 140 , 142 *702 (W.D. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Metropolitan Property & Casualty Insurance Co. v. Morrison
green
2 sentences2023Co. v. Szafarowicz, 483 Mass. 247 , 257 (2019), quoting Morrison, 460 Mass. at 358-359 . 12 alleged that Zurich failed to do so, thus prompting JMA's initiation of this action. 2019"Where there is uncertainty as to whether an insurer owes a duty to defend, the insurer has the option of providing the insured with a defense under a reservation of rights, filing a declaratory judgment action to resolve whether it owes a duty to defend or to indemnify, moving to stay the underlying action until a declaratory judgment enters, and withdrawing from the defense if it obtains a declaration that it owes no duty to the insured." Morrison, 460 Mass. at 358-359 . | 2 | 2019–2023 |
Herbert A. Sullivan, Inc. v. Utica Mutual Insurance
green
2 sentences2017Under this per se rule, "the insured may require the insurer either to relinquish its reservation of rights or relinquish its defense of the insured and reimburse the insured for its defense costs." Id. at 407 . 2008“When an insurer seeks to defend its insured under a reservation of rights, and the insured is unwilling that the insurer do so, the insured may require the insurer either to relinquish its reservation of rights or relinquish its defense of the insured and reimburse the insured for its defense costs.” Id. at 406-07 . | 2 | 2008–2017 |
Aetna Casualty & Surety Co. v. Poirier
green
1 sentence2001Aetna Cas. & Surety Co. v. Poirier, supra at 259 . 2 “[Tjhe PIP scheme and UM coverage both have as an objective the avoidance of duplicate recovery.” Amica Mut. | 1 | 2001–2001 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.